United States v. Ortiz

Facts

On February 19, 1991, a federal agent, Roberto Izquierdo, arranged to buy half of a kilogram of cocaine from Ernesto Llanos Domenech (Llanos). When Llanos arrived, he asked Izquierdo to come to his house. He refused. Llanos then left to retrieve the cocaine, promising to meet his prospective customer later that evening in a parking lot.

Unbeknownst to Llanos, he was placed under surveillance at that time. On the way home, Llanos flagged down a passing car operated by defendant Nunez. They proceeded to Llanos’ house and then the pair drove to the parking lot. When Llanos’ car stopped, the agent, Izquierdo, approached the open window on the passenger’s side. Llanos said that he had brought a package containing a kilogram of cocaine. Izquierdo protested that this was double the amount he had agreed to purchase. Llanos then told the agent that he and Nunez would go back to his house, cut the drug, reweigh it, and return with a half kilogram.

Llanos later returned to the parking lot that evening, accompanied by Nunez’s brother-in-law, defendant Ortiz. Llanos grabbed the cocaine from a bag and sold it to the agent. DEA agents then arrested Llanos and Ortiz, and later, Nunez.

Nunez and Ortiz were found guilty of aiding and abetting Llanos’ intended cocaine distribution. Both men appealed, arguing that the evidence was not sufficient.